Rule 8 Amendment of Part 82

In the table of contents to this Part, after the entry for rule 82.26 insert—

82.26A

Special advocate’s position statement

In rule 82.23, after paragraph (1B) insert—

(Rule 82.18 provides that rules 5.4B and 5.4C do not apply to proceedings under this rule unless the court directs otherwise.)

After rule 82.26 insert—

Special advocate’s position statement

82.26A.

(1)

The special advocate may file, or the court of its own motion may direct the special advocate to file, a statement of case, witness statement or, in judicial review proceedings, grounds of challenge, limited to matters arising substantially out of information disclosed in the sensitive material served on them, which has not been disclosed to the specially represented party (“the special advocate’s position statement”).

(2)

The special advocate’s position statement may—

(a)

supplement the specially represented party’s statement of case, witness statement or grounds of challenge; and

(b)

include additional particulars, items in dispute or grounds of challenge, which may also be advanced in the alternative,

provided that it does not contradict the specially represented party’s statement of case or grounds of challenge.

(3)

The special advocate’s position statement must be filed within 28 days after the date on which the court, following consideration of a closed material application, gives permission to the relevant person to withhold sensitive material, or such other period as the court may direct.

(4)

The court may give such further directions as it considers appropriate, including directions for—

(a)

the service of the special advocate’s position statement; and

(b)

further statements of case, witness statements, additional grounds of challenge or further response as applicable.

(5)

The special advocate’s position statement shall only be disclosed to—

(a)

the court;

(b)

the relevant person; and

(c)

where the Secretary of State is not the relevant person but is a party to the proceedings, the Secretary of State.

(6)

Unless the court otherwise directs, rule 5.4B (supply of documents to a party from court records) and rule 5.4C (supply of documents to a non-party from court records) do not apply to a special advocate’s position statement.

(7)

Rule 22.1 (documents to be verified by a statement of truth) and rule 31.14 (documents referred to in statements of case etc.) do not apply to a special advocate’s position statement.